In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.

Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.

This book provides candidate attorneys with the practical information that they need when starting articles.

The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette.

Features and Benefits

• A practical handbook intended for the new candidate attorney covering everything from working with principals, counsel and clients, to etiquette, actions and applications
• Plain language approach

Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?

Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.

The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.

Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.

Bulelwa Mabasa was born into a ‘matchbox’ family home in Meadowlands, Soweto, at the height of apartheid. In My Land Obsession, she shares her colourful Christian upbringing, framed by the lived experiences of her grandparents, who endured land dispossession in the form of the Group Areas Act and the migrant labour system.

Bulelwa’s world was irrevocably altered when she encountered the disparities of life in a white-dominated school. Her ongoing interest in land justice informed her choice to study law at Wits, with the land question becoming central in her postgraduate studies. When Bulelwa joined the practice of law in the early 2000s as an attorney, she felt a strong need to build on her curiosity around land reform, moving on to form and lead a practice centred on land reform at Werksmans Attorneys. She describes the role played by her mentors and the professional and personal challenges she faced.

My Land Obsession sets out notable legal cases Bulelwa has led and lessons that may be drawn from them, as well as detailing her contributions to national policy on land reform and her views on how the land question must be inhabited and owned by all South Africans.

Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.

Legal language, or 'legalese' as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: 'ordinary' language cannot properly or accurately describe the often complex concepts and issues involved. This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession. The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A trilingual publication, this English-isiXhosa-Afrikaans dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).

Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.

The Mindful Law Student is an innovative guide to learning about mindfulness and integrating mindfulness practices into the law school experience. Through the use of metaphor, insight, mindfulness practices, and relaxation, and self-care exercises, students are reminded of the tools they have long carried with them to navigate the exciting and challenging environment of law school and the practice of law. Scott Rogers brings readers on a journey through the law school experience with seven hypothetical students who experience situations that make tangible the challenges, benefits, and promise of mindfulness. He provides real-world examples of applying mindfulness in law school using language of the law to impart mindfulness insights and practices. This novel guide is an approachable and valuable resource for any law student.

This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice. Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice. Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.

From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as "Nino," he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner's friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner's wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world.

Until now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive from those of the "L.A. Times" to the dusty stacks of the National Archives in Washington, D.C., and readers can now lose themselves in the summations of America's finest litigators.

Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous "family" in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the '68 Chicago riots in his defense of yippie leaders known as the Chicago Seven.

Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in language that is jargon-free for the benefit of the lay reader.

The Mindful Law Student is an innovative guide to learning about mindfulness and integrating mindfulness practices into the law school experience. Through the use of metaphor, insight, mindfulness practices, and relaxation, and self-care exercises, students are reminded of the tools they have long carried with them to navigate the exciting and challenging environment of law school and the practice of law. Scott Rogers brings readers on a journey through the law school experience with seven hypothetical students who experience situations that make tangible the challenges, benefits, and promise of mindfulness. He provides real-world examples of applying mindfulness in law school using language of the law to impart mindfulness insights and practices. This novel guide is an approachable and valuable resource for any law student.

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar - who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of the theories of adjudication, the historical role of the judiciary and bar in the apartheid years. It argues, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid are found to have deserted its victims.;The few notable exceptions both illustrate the potential for lawyers to have done more and lay the basis for the respect the rule of law still enjoys in South Africa despite apartheid. Yet, the author argues, many continue to commit a more serious "crime". Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way that will appeal to all readers - lawyers and non-lawyers alike - interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.

The Salem witch hunt has entered our vocabulary as the very essence of injustice. Judge Samuel Sewall presided at these trials, passing harsh judgment on the condemned. But five years later, he publicly recanted his guilty verdicts and begged for forgiveness. This extraordinary act was a turning point not only for Sewall but also for America's nascent values and mores.

In "Judge Sewall's Apology," Richard Francis draws on the judge's own diaries, which enables us to see the early colonists not as grim ideologues, but as flesh-and-blood idealists, striving for a new society while coming to terms with the desires and imperfections of ordinary life. Through this unsung hero of the American conscience -- a Puritan, an antislavery agitator, a defender of Native American rights, and a Utopian theorist -- we are granted a fresh perspective on a familiar drama.

During the ''golden age of law firm growth'' from the late 1960s until 2007, most large law firms adopted a default growth strategy, increasing practice areas and offices, aided by the momentum of the tail winds of law firm growth. Since the recession of 2008-2009, however, the legal marketplace has drastically changed. The market has become too sophisticated for undifferentiated large firms, and in this timely book, Jay Westcott suggests strategic building blocks that firms can adopt in order to adapt themselves to this radical change and prosper as lasting institutions. In order to counteract client pushback, firms must concentrate on their market strengths, and clients will differentiate firms by price, size, and expertise. This book will serve as a critical resource for law firm partners and managers who are interested in developing successful, distinctive firms. Law scholars will also be interested in this examination of the profession and how it is changing, as will clients and businesses.

'If deaths are not investigated, then the authorities cannot be held to account and democracy is threatened. And if deaths are not investigated, we are not a society that values human life' Inspired from a young age to help the marginalised and voiceless, Leslie Thomas KC has dedicated his career to fighting for the underdog and holding the State to account. This intimate and personal record of some of the most significant, controversial and disturbing legal cases of the last fifty years lays bare the very heart of the law enforcement and judicial process. It's an unforgettable account of an idealistic and outspoken lawyer's coming of age as a Black man in London, and a powerful portrait of the lives of those he has fought for. From the Grenfell Tower Inquiry to the deaths of Christi and Bobby Shepherd by carbon monoxide poisoning, the Birmingham Pub Bombings and the police shooting of Mark Duggan, Do Right and Fear No One present a blistering argument for a level playing field in the pursuit of justice.

Harvard Law-graduate authors Yussuf Aleem and Jake Slowik built a multi-million dollar law practice before they were 30 years old using a novel strategy of business niche specialization. They have now written the story behind their success so that other attorneys can learn from their methods and grow their own successful practices. Drawing on the authors'? own experiences and lessons with illustrative examples and real-life applications, the book teaches how they used a novel strategy of business niche specialization to quickly grow their law practice amidst a rapidly changing global economy. The book illustrates why business niche specialization worked for the authors, the characteristics of a business niche that make it right for a law practice, and how the authors adopted specific business tactics that aligned with their strategy and maximized their chances for success. Its innovative, tried and true methods have been broken down into applicable steps so that a strategy can be developed and executed in a way that works for the reader and their specific skill set. From new lawyers who are looking to jumpstart their legal career to established attorneys who need to revitalize their practice and boost their marketability, this book presents an opportunity to anyone who is struggling to succeed in the legal marketplace.

The courtroom has been a dramatic setting for larger-than-life figures throughout history, but few have attained the almost mythical status of Clarence Darrow. A legend in his own time, "Variety" called him "America's greatest one-man stage draw." Here was a man whose flair for showmanship went hand in hand with a fierce intellect; a man whose shaky moral compass and staggering conceit collided at all turns with an unrivaled eloquence and an overwhelming compassion for humanity.

Darrow had been one of the most revered lawyers in the country, but in 1924 his reputation was still clouded after a narrow escape from a charge of jury tampering in Los Angeles. At the age of sixty-seven he thought his life and career were almost over, until he was offered an impossible assignment--the defense of the teenage "thrill killers" Nathan Leopold and Richard Loeb. Darrow then went on to earn even more international acclaim in two other groundbreaking cases: a classic standoff against William Jennings Bryan in the Scopes Monkey Trial in Tennessee, and the Ossian Sweet murder trial in Detroit. Throughout two crammed and dizzying years, this lion of the court held the Western world in awe as he tackled these three starkly different, history-making cases, each in turn dubbed "the Trial of the Century."

But these trials, as important as they were to Darrow, were not the only events that helped rejuvenate him and seal his courtroom legacy. There was also his enduring relationship with Mary Field Parton, his lover and soul mate, a woman whose role toward the end of his career was larger than many have realized. With fascinating new research and discoveries, including her private journals and letters, "The Last Trials of Clarence Darrow" is an intimate and riveting depiction of this American icon, one of the greatest lawyers this country has ever seen.

Harvard Law-graduate authors Yussuf Aleem and Jake Slowik built a multi-million dollar law practice before they were 30 years old using a novel strategy of business niche specialization. They have now written the story behind their success so that other attorneys can learn from their methods and grow their own successful practices. Drawing on the authors'? own experiences and lessons with illustrative examples and real-life applications, the book teaches how they used a novel strategy of business niche specialization to quickly grow their law practice amidst a rapidly changing global economy. The book illustrates why business niche specialization worked for the authors, the characteristics of a business niche that make it right for a law practice, and how the authors adopted specific business tactics that aligned with their strategy and maximized their chances for success. Its innovative, tried and true methods have been broken down into applicable steps so that a strategy can be developed and executed in a way that works for the reader and their specific skill set. From new lawyers who are looking to jumpstart their legal career to established attorneys who need to revitalize their practice and boost their marketability, this book presents an opportunity to anyone who is struggling to succeed in the legal marketplace.

'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' - Scott Boorman, Professor, Yale University, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' - Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' - Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers. Contents: Preface 1. Introduction 2. What do Lawyers do? 3. Law as Engineering 4. Implications (1) - Professional Ethics 5. Implications (2) - Legal Research and Teaching 6. Conclusion Bibliography Index

The "superb" (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan's words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John's father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation's prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan's dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan's Plessy dissent his "Bible"--and his legal roadmap to overturning segregation. In the end, Harlan's words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley) and "thoroughly researched" (The New York Times) rendering of the American legal system's most significant failures and most inspiring successes.

Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.